County Employees Retirement Law of 1937 (CERL) - sdcera

the position for which the member was incapacitated, consisted of activities defined in Section
31469.3 shall, upon commencement of service by the member in the position specified in the
approved rehabilitation plan, continue to be considered as satisfying the requirements of
Section 31560, notwithstanding the actual duties performed during the entire period that the
member remains in county service.
(h) If, within one year from the date that the member has been eligible for a disability
retirement allowance, the appropriate agency in county service has offered to the member, in
writing, the position specified in the rehabilitation plan which had previously been concurred,
in writing, by the member and approved by the Division of Industrial Accidents pursuant
to Section 139.5 of the Labor Code, the member shall, within 30 days of receipt of the notice,
report for duty at the location specified in the notice. If the member refuses to report for duty
within the time specified, the appropriate agency in county service may apply to the board to
have the member’s allowance discontinued.
The board shall be authorized to discontinue the member’s disability retirement
allowance if based upon substantial evidence of the refusal of the member to report to work
without reasonable cause. However, the board shall not be authorized to impair any other of
the rights or retirement benefits to which the member would otherwise be entitled.
(i) This section shall apply only to members who were incapacitated for the performance
of the member’s duties prior to January 1, 2004, and who are eligible to retire for serviceconnected
disability.
(Amended by Stats. 1992, Ch. 132, Sec. 2)
(Amended by Stats. 2004, Ch. 379 (A.B. 2982), Sec. 1, Effective August 30, 2004)
§31725.65. Reemployment plan for incapacitated members; Application to incapacitation on
or after January 1, 2004.
(a) When the board finds, based on medical advice, that a member in county service is
incapacitated for the performance of the member’s duties, the board shall determine, based
upon that medical advice, whether the member may be capable of performing other duties.
If the board determines that a member, although incapacitated for the performance of the
member’s duties, is capable of performing other duties, the board shall notify the appropriate
agency in county service of its findings.
(b) When the appropriate agency in county service receives that notification from the
board, the agency shall immediately inform the member of any vacant county positions that
may be suitable for the member, consistent with his or her disability, and shall consult with the
member in an effort to develop a reemployment plan that shall identify what position, if any, in
county service would be compatible with the member’s aptitudes, interests, and abilities.
(c) Upon approval by the member of the reemployment plan, the appropriate agency in
county service shall notify the board that the agency is proceeding to implement the approved
reemployment plan.
(d) Upon commencement of service by the member in the position specified in the
approved reemployment plan, the member shall not be paid the disability retirement allowance
to which the member would otherwise be entitled during the entire period that the member
remains in county service.
However, if the compensation rate of the position specified in the approved
reemployment plan is less than the compensation rate of the position for which the member
was incapacitated, the board shall, in lieu of the disability retirement allowance, pay to the
member a supplemental disability allowance in an amount equal to the difference between the
compensation rate of the position for which the member was incapacitated, applicable on the
date of the commencement of service by the member in the position specified in the approved
Article 10, §31725.6. - §31725.65. 260